Hernandez did not immediately pull over but drove to a lighted area at a Texaco station at the intersection of Westside and Spencer Highway, the lawsuit states.

The traffic stop was initiated because Hernandez was "ostensibly" spinning the wheels of his 1999 Chevrolet Silverado pickup when he left the club, according to the lawsuit filed July 22, 2013.

"As Officer Martin approached Mr. Hernandez's vehicle, the vehicle, which Mr. Hernandez had placed in neutral, began to roll backward toward Officer Martin's vehicle," the lawsuit states. "Mr. Hernandez stopped the vehicle, put it in drive to pull forward back to his initial stopping point."

When the pickup moved forward, Martin drew his 9 mm semi-automatic weapon, pointed it at Hernandez and said, "I will shoot," according to the lawsuit.

"Mr. Hernandez, looking at the barrel of the gun, thought to himself, 'I am dead,' panicked then stepped on his accelerator pedal, whereupon, Officer Martin fired a shot, which caused the bullet to enter Mr. Hernandez's left cheek at his upper jaw and exit his right cheek just below the level of his eye," the lawsuit states.

Believing the officer "was trying to kill him," Hernandez initiated a chase that ended at the intersection of Burke Road and Red Bluff Road, where was seeking a lighted area with witnesses in which to pull over, the lawsuit states.

Pasadena attorney Patrick D. Hagerty, who filed the lawsuit on behalf of Hernandez, alleges that Martin "acted unreasonably and applied forced that vastly exceeded his need when he drew his weapon and initiated a chain of events in which he shot Mr. Hernandez, in what should have been an uneventful traffic stop."

The officer's action violated Hernandez's Fourth Amendment freedom from excessive use of force by a government actor, the lawsuit alleges.

It also alleges that the City of Pasadena was negligent for failing to adequately train its officers regarding the use of deadly force in traffic stop situations, and for allowing Martin to remain in the Patrol Division after he had discharged his firearm at another defendant "possibly under questionable circumstances."

The lawsuit seeks unspecified financial damages for Hernandez's injuries and medical expenses, as well as for attorney's fees.